Prevention of Unfair Means in Public Examinations Act, 2024 in India and its implications for fairness and accountability – Kashmir Observer

By Ummar Jamal

The Union government has announced that the Public Examinations (Prevention of Unfair Means) Act, 2024 will come into force from June 21. Although the law was passed by Parliament on February 9, 2024 and received presidential approval on February 12, 2024, it had not yet come into force as the government had not issued a notification. This changed yesterday when the Ministry of Personnel, Public Grievances and Pensions issued a statement: “In exercise of the powers conferred by sub-section (2) of section 1 of the Examinations Act, 2024 (Prevention of Unfair Means) (1 of 2024), the Central Government hereby designates 21st June, 2024 as the date on which the provisions of the said Act shall come into force. »

This notification comes amid widespread issues related to paper leaks, including those of the NEET-UG 2024 exam. The recent UGC-NET exam was also canceled due to similar issues. However, the Act will not apply retroactively to incidents that occurred before June 21.

Document leaks have become commonplace in India for some time now. An investigation by The Indian Express found that 41 document leaks have taken place in India in the last five years, affecting around 14 million job seekers. These repeated violations compromise the integrity of the exams and the fairness of the selection process.

Key provisions of the law

The Public Examinations (Prevention of Unfair Means) Act, 2024 aims to bring more transparency, fairness and credibility to public examinations. It prohibits premature disclosure of confidential examination-related information and prohibits unauthorized persons from entering examination centers to create disruptions. The law targets cheating in public exams conducted by entities such as UPSC, SSC, Railways, banking recruitment exams and NTA.

The law defines “unfair means” to include: (i) unauthorized access to or leaking of examination materials, (ii) providing unauthorized assistance to examinees, (iii) tampering with networks or of computer resources, (iv) altering documents used for shortlisting or ranking candidates, and (v) conducting fraudulent examinations and issuing fake admit cards or offer letters for profit. Those found guilty of using unfair means under this law are liable to imprisonment of three to five years and fines up to ₹10 lakh.

A ‘service provider’ is defined under the Act as any agency, organisation, body, association, business entity, company, partnership or sole proprietorship, including its associates and contractors, engaged by the public examination authority for conducting public examinations. If an examination authority or a service provider commits an organised crime, the punishment of imprisonment will be a minimum of five years, with a maximum of ten years, and the fine will remain at ₹1 crore. The Act mentions the Bharatiya Nyaya Sanhita, specifying that the provisions of the Indian Penal Code will remain in force till its implementation.

This is the first legislation specifically designed to address the problem of paper leaks. The stringent measures outlined in the Public Examinations (Prevention of Unfair Means) Act, 2024 classify these violations as cognizable, non-bailable and non-cumulative offences.

Some concerns

Legal experts have recognized the critical need for the law, hailing it as the first in India to tackle the organized crime networks behind document leaks and hold government agencies like the NTA accountable for their actions. However, they highlighted several shortcomings. One major problem is that the law does not cover state exams. So it’s up to states to create their own laws to address these issues. Although the government’s new law aims to curb document leaks, dismantle organized cheating and hold the National Testing Agency (NTA) accountable, it mainly focuses on centralized exams, neglecting malpractices in other types of exams.

While the Act is intended to serve as a model for states, it is important to recognize that each state has unique work requirements and may not be able to adopt identical model drafts. If a state chooses not to enact a similar law, any incidents of paper leakage will have to be handled through the standard investigation and inquiry process provided under general law. This poses a significant challenge to effective implementation of the Act at the local level.

In addition, there are other shortcomings, such as the absence of fixed deadlines for agencies like the Central Bureau of Investigation to investigate malfeasance, and the absence of interim measures during investigations. They also noted that students are exempt from liability under this law, meaning that even if a student is found guilty of irregularities, they will not be punished under this legislation.

Legislation alone is not enough

The Prevention of Unfair Practices in Public Examinations Act, 2024 is an important step in combating malpractices plaguing our examination system. However, legislation alone is not enough. Strict implementation of the law is essential to ensure that its objectives are achieved. The concerns raised by experts regarding its limitations must be taken into account to make it more comprehensive and effective.

The introduction of this law offers a glimmer of hope for a fairer examination system in India, but it must be part of a broader strategy that includes technological advancements, increased monitoring and robust administrative procedures. For example, integrating advanced technologies such as blockchain for secure and tamper-proof storage of exam documents and results could significantly reduce the risk of leaks. Additionally, the use of AI-driven proctoring during exams could help identify and prevent cheating in real time.

There also needs to be a cultural shift in the way exams are viewed. The pressure to perform well in exams often pushes students and other stakeholders to resort to unfair means. Promoting a culture of integrity and ethical behaviour, starting in school education, can help address the root causes of cheating and malfeasance.

Collaboration between central and state governments is essential to create a uniform framework that addresses the unique challenges faced by different regions. States should be encouraged and supported to adopt similar laws to ensure that the fight against testing malpractices is comprehensive and effective across the country.

In addition to legal and technological measures, emphasis should be placed on capacity building of the bodies and agencies organizing the examinations. Regular training and development of staff involved in the exam process can help them stay up to date with the latest trends and techniques in exam security and management.

A robust mechanism for monitoring and evaluating the implementation of the law must be put in place. Regular audits, stakeholder feedback and independent evaluations can help identify gaps and areas for improvement, thereby ensuring that the law remains effective and relevant over time.

Conclusion

In conclusion, while the Public Examinations (Prevention of Unfair Means) Act, 2024 is a laudable initiative, its success will depend on how it is implemented and complemented by other measures. By addressing concerns and suggestions raised by experts, leveraging technology, fostering a culture of integrity and ensuring collaboration between central and state governments, India can move towards a public review system more transparent, more equitable and more credible.

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The views expressed in the article are those of the author and do not necessarily represent the editorial position of the Kashmir Observer.

• The author is a Kashmir-based columnist. He tweets at ummar_jamal and can be reached at (email protected)

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